All municipalities in Ontario are required to establish official plan policies and zoning by-law provisions allowing additional residential units in detached, semi–detached and townhomes/rowhouses. Policies and zoning must also allow additional residential units within buildings that are accessory to detached, semi–detached and townhouses such as above laneway garages or other detached buildings on the same property. One change under Bill 108 is a requirement that a detached house, semi-detached house, or rowhouse is now permitted to have both an additional unit in the main building, and an additional unit in an accessory structure

There is no time frame for establishing these policies and zoning provisions. While the Minister of Municipal Affairs has the authority to prescribe minimum standards for additional residential units, no such regulation has been issued. As such, municipalities are responsible for determining what standards should apply to additional residential units.

Additional Residential Units must comply with health and safety standards, which include the Building Code, Fire Code and any municipal by-laws. The changes to the Planning Act do not ‘grandfather’ any existing units that do not meet applicable laws. The legislative changes relating to second units came into effect on January 1, 2012, and changes under Bill 108 came into effect on September 3, 2019.

No Appeal to the Local Planning Appeal Tribunal Regarding Second Units

The Planning Act prohibits appeals to the Local Planning Appeal Tribunal related to any official plan policies or zoning by-law related to additional residential units.

The current City of Windsor Official Plan (Volume 1: The Primary Plan) was adopted by City Council on October 25, 1999 and approved in part by the Minister of Municipal Affairs and Housing on March 28, 2000 with the remainder being approved by the Ontario Municipal Board on November 1, 2002. The current Official Plan supports affordable housing initiatives and contains policies specifically related to second units.

D. LEGISLATIVE CONTEXT AND POLICY BASIS FOR THE AMENDMENT

Planning Act

This amendment was prepared to bring the Official Plan into conformity with Section 16(3) of the Planning Act, which requires an official plan to contain policies that authorize the use of an additional residential unit within a detached, semi-detached or townhome/rowhouse dwelling or ancillary/accessory structure located on the same property.

Further, section 2 of the Planning Act deems the adequate provision of a full range of housing, including affordable housing as matter of Provincial interest and requires any decision of City Council to have regard to this matter.

Provincial Policy Statement

The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. In respect of the